Digital Commons Network^™

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear

Natural Resources Journal

No abstract provided.

The Toxic Substances Control Act: A Regulatory Morass, Kevin Gaynor

Vanderbilt Law Review

The Toxic Substances Control Act (TSCA or the Act),' which was signed into law in October of 1976, originated in a 1971 report by the Council of Environment Quality (CEQ). The CEQ report reviewed the problems presented by toxic chemicals and concluded...

that existing regulation was fragmented and inadequate. The report pointed out the need for authority requiring the testing of chemicals to determine their health and environmental effects, restricting the use and distribution of some chemicals when necessary to protect human health and the environment, and providing for development of adequate data on the environmental and health effects of …

Recent Cases, Cornelia H. Boozman, R. Preston Bolt, Jr., Kenneth L. Stewart

Vanderbilt Law Review

Administrative Law--Ripeness--Agency Head's Informal Opinion Letters Held Unripe for Review When No Substantial Hardship Placed on Parties

Cornelia H. Boozman

The basic premise of the ripeness doctrine is that judicial machinery should operate only on concrete problems that are present or imminent, not on problems that are abstract, hypothetical,or remote... The Supreme Court articulated a more definitive standard for determining ripeness in "Abbott Laboratories v. Gardner." Espousing what it considered to be the basic rationale of the ripeness doctrine, avoidance of premature adjudication of discretionary administrative policies, the Court established a procedure for evaluating the ripeness issue in challenges to …

Tennessee Valley Authority V. Hill, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

State Control Of Low Level Nuclear Wate Disposal, Myra Clark Lynch

Natural Resources Journal

No abstract provided.

Environmental Regulation Of United States Deep Seabed Mining, W&M Former Faculty, Scott C. Whitney

William & Mary Law Review

No abstract provided.

Pre-Emption And The Commerce Clause Revisited: The 1975 Washington Tanker Law, Stephen D. Dillon

Natural Resources Journal

No abstract provided.

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.

Remedies In Admiralty For Oil Pollution, Stephen E. Roady

Florida State University Law Review

No abstract provided.

History Of Florida Oil Spill Legislation, David A. Barrett, Christine M. Warren

Florida State University Law Review

No abstract provided.

Kleppe V. Sierra Club, 427 U.S. 390 (1976), Martha L. Harrell

Florida State University Law Review

Environmental Law- NEPA- REGIONAL IMPACT STATEMENT IS NOT REQUIRED IN THE ABSENCE OF FORMAL PROPOSAL FOR REGIONAL ACTIVITY.

Federal Water Pollution Control Act Amendments Of 1972, Scott A. Taylor, Susan Wayland

Natural Resources Journal

No abstract provided.

The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power

Faculty Scholarship

No abstract provided.

The Intergovernmental Balancing Act: State-Federal Interests In Coastal Zone Management, Timothy M. Alexander

Marine Affairs Theses and Major Papers

The central notion of intergovernmental and inter-interest balancing suggested by the title of this paper reflects a distinctly American theme derived from our pluralistic, competing, compromissory and somewhat optimistic governmental values and experience. The Coastal Zone Management Act (hereafter CZMA or the Act) and the success of its implementation rests firmly on this balancing premise. The CZMA's assumptions, processes and implicit or stated objectives involve reliance on a governmental system that achieves effective and equitable intergovernmental balance.Yet, as I think this investigation will show, there are no ready-made answers as to how balance is to be achieved through the Act--let …

Riparian Rights Under The Texas Water Rights Adjudication Act - A Constitutional Analysis., Stephen L. Golden

St. Mary's Law Journal

Abstract Forthcoming.

V. Environmental Law

Washington and Lee Law Review

No abstract provided.

Constitutional Preemption Of State Laws Against Massive Oil Spills, Arval A. Morris

Seattle University Law Review

Oil spills, the Supreme Court has declared, are "an insidious form of pollution of vast concern to every coastal city or port and to all the estuaries on which life of the ocean and the lives of the coastal people are greatly dependent." In light of this declaration, the purposes of this article are to assess the validity of the federal court's decision preempting Washington's Tanker Pollution Law, and to comment generally on whether, consistent with the evolved preemption doctrine, coastal states can protect themselves from deleterious oil spills by enacting preventive rather than deterrent measures.

State Responsibility For The Administration Of Federal Programs Under The Clean Air Amendments Of 1970: A Statutory And Constitutional Analysis

Maryland Law Review

No abstract provided.

Ecology And The Role Of The Federal Courts, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Environmental Law - Judicial Review Under Nepa, Kenneth A. Jacobsen

Villanova Law Review (1956 - )

No abstract provided.

State Regulation Of Nuclear Facility Hazards: A Case Of Federal Preemption, Joseph R. Voiland

Loyola University Chicago Law Journal

No abstract provided.

An Environmental Overview Of Geothermal Resources Development, A. Dan Tarlock, Richard L. Waller

Articles by Maurer Faculty

While the adverse environmental effects of geothermal resources development appear to be less severe than those created by other energy sources, geothermal development nonetheless poses serious environmental problems. Professor Tarlock and Mr. Waller identify and discuss four categories of potential adverse environmental impacts of geothermal development: land use disturbance, water pollution, air pollution and noise.

The Iceberg Cometh: International Law Relating To Antarctic Iceberg Exploitation, Thomas R. Lundquist

Natural Resources Journal

No abstract provided.

In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review. Pollution And Policy: A Case Essay On California And Federal Experience With Motor Vehicle Air Pollution, 1940-1975 By J. E. Krier And E. Ursin, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Commonwealth V. Stephens: The Taking Doctrine At Work In Environmental Land Use Planning, Howell Hopson

Kentucky Law Journal

No abstract provided.

Environment, Natural Resources And Land Use, J. William Futrell

Mercer Law Review

During the survey period, both the courts and the legislature moved to resolve basic uncertainties as to the validity of land use, natural resource, and environmental protection laws and regulations. In Barrett v. Hamby, the court clarified the relationship between the taking clause and police power regulation and moved to a position closer to the mainstream of American law. The General Assembly sought to resolve any doubts as to the State's ability to legislate in the land use and natural resource protection field by adding language to the proposed editorial revision of the state constitution which specifically bases future …

The Toxic Substances Information Act

William & Mary Environmental Law and Policy Review

No abstract provided.

Program Environmental Impact Statements: Review And Remedies, Michigan Law Review

Michigan Law Review

This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.